Adams's Estate

Citations

• 148 Pa. 394
• 23 A. 1072
• 1892 Pa. LEXIS 994

Syllabus

<p>Decedent's estate — Equitable conversion — Construction of will.</p> <p>A testatrix by her will, after providing for her children and grandchildren, directed that the balance of her personal estate, after the payment of debts and legacies, should go to two sisters, and then further provided “ in order to pay any of my debts or any of the aforesaid legacies, I authorize, empower and direct my executors hereinafter named to sell ” a specific house, giving the usual powers of conveyance, etc. Testatrix made no alternative disposition of the house.</p> <p>Held, that the power of sale was absolute and worked a conversion of the real estate.</p> <p>Luffberry’s Appeal, 125 Pa. 513, distinguished.</p> <p>Absolute power of sale — Conversion not to be defeated by heirs.</p> <p>In this estate it appeared that before the sale of the house in question there was a deficit of $320 in the personal estate. One of the heirs at law, who had a claim of $641 against the estate, abated sufficient to prevent this deficit, and claimed that, the debts and legacies being then all paid, the sale of the house was unnecessary and no conversion effected.</p> <p>Held, that the power of sale conferred upon the executors was not defeasible by the act of a creditor, and that the intestacy thus sought to be brought about on the part of the testatrix would not be recognized by the court, for the mere purpose of defeating the residuary legatees.</p>